Connecticut Law Review Volume 46 - Issue 4

Crosspollination of Same-Sex Parental Rights Post-DOMA: The Subtle Solution

In the summer of 2013, the United States Supreme Court, to great fanfare, struck down the central provision of the seventeen-year-old Defense of Marriage Act (“DOMA”).  Yet a second DOMA provision, denying full faith and credit for same-sex marriages, was not overturned, meaning individual states remain free to ban and refuse recognition for same-sex unions.  […]

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Symptom-Based Gun Control

People out of touch with reality should not have guns.  This Article proposes empowering police officers to take away guns and gun rights from individuals suffering from delusions or hallucinations.  This proposal is inspired by the Navy Yard shooting, but is also supported by evidence showing a correlation between these psychotic symptoms and violence.  The […]

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Gun Control Legislation in Connecticut: Effects on Persons with Mental Illness

This Article examines the ways in which Connecticut and federal legislative efforts on gun control have affected persons with mental illness in the state and includes a brief history of that legislation in the context of tragic gun violence.  There have been two major legislative and policy directions: (1) federal and state prohibitions on gun […]

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Regulating Firearms Through Litigation

As a result of relatively weak regulation, firearm use leads to massive negative externalities.  Efforts to minimize these social costs via legislation have been unsuccessful, which have led individuals and government entities to seek regulation through another avenue: litigation.  This use of the courts as a regulatory gap-filler raises vital questions, among which perhaps the […]

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The Shooting Cycle

The pattern is a painfully familiar one.  A gunman opens fire in a public place, killing many innocent victims.  After this tragedy, support for gun control surges.  With a closing window for reform, politicians and activists quickly push for new gun laws.  But as time elapses, support decreases.  Soon enough, the passions fade, and society […]

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A Return to the States’ Rights Model: Amending the Constitution’s Most Controversial and Misunderstood Provision

This Article seeks to return to the intent of the Symposium, which was to stimulate a meaningful dialogue on the modern Second Amendment.  More specifically, it proposes a return to the states’ rights model that predated the Supreme Court’s narrow decisions in District of Columbia v. Heller and McDonald v. City of Chicago by using […]

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The Right to Arms and Standards of Review: A Tale of Three Circuits

In District of Columbia v. Heller and McDonald v. Chicago, the U.S. Supreme Court recognized an individual right to arms.  The Court offered limited guidance as to standard of review, only ruling out rational basis. This Article takes a pragmatic approach to the standard of review issue.  First, it explores the practical basis for heightened […]

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The Steepness of the Slippery Slope: Second Amendment Litigation in the Lower Federal Courts and What It Has to Do with Background Recordkeeping Legislation

Proposals for federal gun control have recently focused on expanding background checks and recordkeeping requirements for private firearms transfers.  This Article places the debate about such legislation in a fuller context that includes the actions of the executive and judicial branches, as well as current gun control efforts in the states.  This enables a more […]

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The Ineludible (Constitutional) Politics of Guns

The murders at Newtown intensified the American political debate about guns—a debate that often fits within the framework of a larger national conversation about violent crime and the political approaches to addressing it.  Yet the gun control debate has resulted in a strange but fascinating intersection of law and politics, particularly law and politics of […]

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Mental Illness and the Second Amendment

In the past, American laws seldom attempted to regulate the possession of firearms by the mentally ill.  This surprising tradition has waned following a recent series of highly-publicized mass murders that were committed by persons who were identifiably mentally ill before the crime occurred.  These tragedies have focused attention on the question of how a […]

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